Stros pound Brew Crew

The Astros hammered the Milwaukee Brewers this afternoon, 13-7, behind the pitching of Wade Miller and the hitting of Jeff Bagwell and Richard Hidalgo. Miller went 6 innings and gave up 2 runs on four hits, while Bags went nuclear, hitting two home runs (one of which was his sixth career grand slam), scored 3 runs, and collecting 12 total bases and 5 RBI. Hidalgo’s 4 RBI performance was almost an afterthought. The ‘Stros raked Brewer pitching for 14 hits, 6 of which were for extra bases.
About the only downside of today’s game was the continued struggles of relief pitchers Jared Fernandez and Brandon Duckworth, who combined to give up 5 runs in an inning and a third during mop up duty. Fernandez is a knuckleballer who had his moments last season for the Astros, but he has been consistently bad this season throughout the spring and the first few games. Duckworth came over to the ‘Stros in the offseason in the Billy Wagner trade, and he has been mediocre in his initial appearances. With the pitching depth that the Astros have at their AAA team in New Orleans, both of these players would be well-advised to step it up or they could find themselves on a plane to the Crescent City quickly.
The ‘Stros play the Brew Crew in afternoon games the next two days before moving on to St. Louis for a three game series beginning on Monday.

Jeff Skilling’s New York adventure

Former Enron CEO Jeffrey Skilling was taken to a hospital early today after several people called police saying he was pulling on their clothes and accusing them of being FBI agents. New York police found Skilling at 4 a.m. at the corner of Park Avenue and East 73rd Street and determined he might be an “emotionally disturbed person.”
Update: This Chronicle follow up story contains Skilling’s contention that he and his wife were attacked and that no bizarre behavior as reported in the initial story took place. The NY Times is calling the matter a “police incident.”

Initial Reviews of “The Alamo”

The new Disney movie “The Alamo” opens this weekend, and the initial reviews are reasonably good.

Ebert likes it.
Bruce Westbrook in the Chronicle wants to like it, but does not want to be accused of being parochial if he admits it.
Joel Morgenstern in the WSJ ($) generally does not like it.
The NY Times review cannot bring itself to like it.

If you are interested in the background to the Battle of the Alamo, I recommend “Texian Iliad,” a 1996 masterpiece on the Texas Revolution written by Stephen L. Hardin, a professor of history at Victoria College in southeast Texas.

Well, at least that’s one way to make an impression

Easter Bunnies — beware! Hat tip to the Southern Appeal for the link.

But the pink hair has got to go

The following is from The Telegraph’s story of today on the first round of The Masters Golf Tournament:

At 10.45 there was an air of eager expectancy around the first tee as people waited for Ian Poulter. Having been advised to play down his hair, Poulter had said he would make up for it with his clothes. Yesterday, true to his word, he was out and about in pink. Pink visor, pink trousers and pink and white striped shoes.
On Wednesday night, Charles Howell, one of the tour’s practical jokers, had used his southern drawl to impersonate a member of Augusta’s championship committee. Having dialled Poulter, he told the Englishman that word had reached the committee that he was not planning to be as soberly clad as they would wish.
Poulter, who was completely taken in, had a question for the official.

“What about Doug Sanders?” he asked, in a reference to the garish dress of the runner-up in the 1970 Open.
“We weren’t happy about that, either,” returned Howell.

So the conversation continued until Howell decided enough was enough on the eve of the player’s first Masters.

MLB salaries down slightly

This ESPN.com article analyzes the current Major League Baseball salary information, concluding that the median salary for ballplayers (i.e., the salary at which exactly half the players are above that salary and half the players are below that salary) is $800,000, down from a high of $975,000 in 2001. That figure is really more important than the average salary ($2.49 million), which is driven up by a relatively small number of extraordinarily high salaries. ARod is the highest paid player ($21.7 million) for the fourth year in a row, and behind him on the highest-paid list were Boston’s Manny Ramirez ($20.4 million), Toronto’s Carlos Delgado ($19.7 million), the Yankees’ Derek Jeter ($18.6 million) and San Francisco’s Barry Bonds ($18 million).

Proving mens rea in corporate criminal cases

This Wall Street Journal ($) article addresses the knotty problem of proving mens rea (i.e., intent) in corporate criminal cases. As the Journal article notes, the problem, in short, is this:

It may be obvious that an executive did something wrong, but that doesn’t mean he intended to do anything wrong.
And therein lies the biggest hurdle for prosecutors in corporate-corruption cases. Prosecutors must prove not only that the accused did something bad but also that they meant to do something bad.

The article notes that proving criminal intent becomes particularly difficult when ccorporate executives commit wrongful acts openly and on advice of counsel, accountants and consultants:

Many executives accused of improper accounting argue that they had no criminal intent by insisting that that they relied on advice or approval from lawyers, boards of directors or auditors. “In dealing with arcane areas,” an advice-of-counsel defense can be “a silver bullet,” says George Canellos, a former federal prosecutor. Prosecutors often counter that the defendant didn’t give the lawyer complete information.
In the Tyco trial, a key defense argument was that the defendants operated openly. All of their actions, they stressed, were recorded in company records, known by numerous employees and, in many cases, by outside auditors. Jurors say those arguments echoed powerfully, leading about half to lean toward acquittal initially. “It was something the defense hammered on, with a lot of effectiveness,” says juror Peter McEntegart.

And, as Professor Ribstein notes over at Ideablog:

Things get even murkier in securities fraud cases, where the perpetrator is not only not stealing, but may actually think he’s being loyal to shareholders by, for example, protecting their shares from short-term earnings glitches.
Of course this thinking is misguided and wrong, but should it be criminal? Criminalization discourages beneficial risk-taking. Even worse, applying criminal law to ordinary behavior risks diluting the moral force of the law.

Professor Ribstein makes an insightful point. If we criminalize business risk-taking partly because it is difficult to prove criminal intent in most business cases, then we are eventually going to discourage business risk-taking, which will have detrimental consequences on economic development and job creation.
To make matters worse, demagogues in the political field have seized upon corporate executives as popular political enemies. Thus, they have promoted criminal laws that assess criminal sanctions that are completely out of proportion to the nature of the business crime — just plug the name “Jamie Olis” into this blog’s search engine to read about a prime example of that phenomenom. Moreover, those same politicians have also passed laws that constrict the power of judges to use their discretion and good judgment to modify a criminal sanction to make it appropriate to the crime.
The bottom line is this — railing against capitalist roaders may be good politics, but it is contrary to fundamental American principles of justice.

Were the Fallujah victims lured into an ambush?

This NY Times story provides the basis for the theory that the four victims of the Fallujah incident last week were set up for the ambush.

What’s really currently going on in Iraq

It’s sad to say, but most Americans are informed on current events through television news reports that are intrinsically superficial in nature. As a result, opinions are often formed through emotional reactions to images, as opposed to thoughtful consideration and discussion of underlying issues.
Take, for example, this week’s increase in Iraqi resistance to the U.S.-led coalition. Television news reports show graphic images of the fighting and the casualities, but rarely explores the underlying political struggles that are at the root of the violence.
In this op-ed in today’s Wall Street Journal ($), Reuel Marc Gerecht, a former CIA Middle East specialist and currently a resident fellow at the American Enterprise Institute, provides an excellent overview of the political conflicts that are causing the current uptick in violence in Iraq. The entire piece is a must read, and here are a few of Mr. Gerecht’s pertinent points:

The dogged violence in the Sunni areas of Iraq since early summer has fortified the impression throughout the Shiite community that the historic Sunni will to power did not end with the fall of Saddam Hussein and the collapse of the Baath Party. Privately, if not publicly, senior Shiite clerics [including Grand Ayatollah Ali Sistani, the country’s pre-eminent Shiite divine] are thankful that the Americans have persevered in their country. Shiites are, however, also uneasy and embarrassed by America’s occupation, by the need for American protection. It is enormously difficult for the Shiite clergy, which has a profound sense of being the country’s most steadfast defender against both foreign and domestic enemies, to be beholden to Americans (and their former British overlords). It is difficult to forgive the Americans for the “betrayal” — the ugly word in Arabic is khiyana — in 1991, when George H.W. Bush encouraged Iraqis to rise up, the Shiites did, and Saddam slaughtered them by the tens of thousands while U.S. aircraft flew overhead.

Mr. Gerecht then explains how Muqtada al-Sadr, the young Shiite cleric who is leading most of the current Iraqi resistance, fits into the picture:

Muqtada al-Sadr is an unaccomplished young cleric who has no chance to prosper through the normal channels of scholarly advancement. Like Iran’s Ayatollah Khomeini, he intends to shake, if not destroy, the traditional establishment so that explicitly political clerics, who are more fond of street power than of Islamic law, can become the de facto rulers of Iraq. He and his followers need chaos to thrive. They are gambling that they can spark the propensity for violence in Iraqi society and produce a chain reaction that Ayatollah Sistani cannot stop. Ideally, the Grand Ayatollah will have no choice but to join the ranks of the young firebrand. What charisma Sadr possesses derives in great part from his ability to encourage such violence and survive. And his allure has grown enormously owing to American incompetence.
By early fall 2003, it was perfectly clear to the Shiite clergy, as well as to the Pentagon, that Sadr had been complicitous in the death of American soldiers, yet the CPA did not seize him. All Iraqis, particularly the traditional clergy, know that Sadr has an awe-inspiring bloodline — his uncle Baqir al-Sadr, murdered by Saddam in 1980, was one of the great radical Shiite clerics of the 20th century; and Muqtada’s father, Sadiq al-Sadr, was a relatively inconsequential cleric, once favored by Saddam, who, as he rose, bravely challenged the dictator until he, too, was assassinated in 1999. America’s early inaction against Sadr has made it much more difficult for the traditional clergy to dismiss him as an uneducated and thuggish son of a noble family.

Then, he addresses the key political problem within Iraq:

Sadr has played on a growing perception in the Shiite community that the Transitional Administrative Law — the interim constitution that will, in theory, guide Iraqi politics until a final constitution can be written in an elected constituent assembly — is an unfair and unworkable document. Americans and highly Westernized Iraqis are proud of the Law’s guarantees for individual, especially, women’s rights. However, it cedes authority over any future constitution to “two-thirds of the voters in three or more governorates,” who have the power to veto a final document. This means the Kurds, who are likely to vote as a bloc, have essentially complete control over the future shape of any Iraqi democracy.
For Ayatollah Sistani, and probably for most Shiites, this grants the Kurds, for whom the Shiites have until now borne no ill will, too much power. The Kurds, who are 20% of the population and have been brutalized for decades by Sunni Arab regimes, of course don’t see it that way. Shiite objections, which are unlikely to go away, will be a serious challenge for the CPA, which desperately wants to believe that it currently has a workable blueprint for a transitional Iraqi government. Quite understandably, it has no desire to open up the Administrative Law to a rewrite, particularly since Iraq has become more volatile, and agreement among Iraqis could even be more difficult to achieve than before.
However, we all need to understand the risk the U.S. is running by refusing to have a more open, public debate in Iraq about the transitional constitution and government. If the Shiites have the impression that they are once again being cheated of an effective democratic majority, then it is entirely possible that the consensus among Shiites about America’s beneficial presence in their country could quickly end. Sadr’s argument to his flock — that military force is the best way to ensure a Shiite victory — could start to look very appealing.

Finally, Mr. Geracht sees as the solution to the current violence:

Muqtada al-Sadr’s guerrilla attacks are a wake-up call for both the Americans and Ayatollah Sistani. The Americans need to crush Sadr’s al-Mahdi army; Sistani needs to ensure he has control in Najaf. And then both parties, plus the Arab Sunnis and the Kurds, need publicly to discuss again, however acrimoniously, the Transitional Administrative Law. The transfer of Iraqi sovereignty on June 30 could be a meaningless day if the Shiites see it as a step backward from democracy.

With the benefit of hindsight, we now know that former President Bush’s decision in 1991 to abandon support for the anti-Saddam forces within Iraq was an unfortunate error. We are now paying the political and military price for that mistake in our current effort to stabilize Iraq. That should make our resolve to succeed greater amid our recognition that it is never easy to bring the relative grace of consensual government to people who have known only brutal repression over the past generation.